Personal injury lawyer fees
Short answer: most personal injury lawyers take 33% of the settlement, or about 40% if the case goes to trial, and you pay nothing if you lose. Case costs and medical liens come out too, so you typically keep around half to two thirds. Use the calculator to see your number.
- Reviewed 2026-11-13
- Sources cited
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How far did the case go?
Lawyer's fee
You keep (costs after fee)
You keep (costs before fee)
How contingency fees work
- No win, no fee: the lawyer is paid a percentage of what you recover, and nothing if you recover nothing.
- The percentage often rises with the stage of the case: about one third for a settlement, often around 40% if the case is set for trial.
- Costs are separate: filing fees, medical records and expert reports are usually repaid from the settlement on top of the fee.
- It must be in writing: the agreement should state the percentage and whether costs are deducted before or after the fee.
Want the full picture, including the claim value for your state? Use the car accident settlement calculator or read how much of a settlement you actually get.
Frequently asked questions
- What percentage do personal injury lawyers take?
- Most personal injury lawyers work on contingency and take about 33% (one third) of the recovery if the case settles, and often around 40% if the case is scheduled for trial. Some use a sliding scale that rises as the case progresses. The exact percentage is whatever your written fee agreement says.
- Do I pay a personal injury lawyer if I lose?
- Under a contingency fee agreement you usually owe no attorney fee if there is no recovery. Check whether you would still owe case costs such as filing fees, records and expert fees; agreements differ on this.
- Are case costs taken out before or after the lawyer's fee?
- It depends on the agreement, and it changes how much you keep. When costs are deducted first and the fee is calculated on the remainder, you keep more. The ABA Model Rules require a contingency agreement to be in writing and to state whether expenses are deducted before or after the fee is calculated.
- Can I negotiate a lower contingency fee?
- Often, yes. Lawyers may accept a lower percentage for clear-liability cases, cases with large damages, or when an insurer has already made an offer before the lawyer is hired.